*Laws & Ethics Flashcards
What system has had the biggest impact on American law?
English common law system
True or false the English common law relies solely on statutory law
False
What kind of law is derived from judicial decisions and interpretations?
Case law
What is stare decisis?
Legal principle that means decisions made in prior cases are to be followed in current cases, and will be followed in future cases when the same facts exist
Define ethics
Rules established by professional organizations or other groups to influence the actions of the group
Can ethical guidelines the enforced in a court of law?
No
Define criminal law vs civil law
Criminal = individual vs society
Civil = individual vs individual
What are the two major subdivisions of civil law?
Contract law and tort law
Define contract law vs tort law
Contract = pertaining to a contracted duties
Tort = pertaining to lawful duties
If damage is inflicted on a person by another person, what kind of law allows the victim to sue?
Tort
Define substantive law vs procedural law
Substantive = a set of duties which a person must follow in today’s society
Procedural = rules for conducting a lawsuit
What kind of procedural law most often causes problems for attorneys?
Statutes of limitation
What is another word for unwritten law and what does it mean?
Common law
Interpretation by the court system of written law
A veterinarian breaches contract. The judge requires the defendant the complete their contract. Is this a remedy in law or remedy in equity?
Equity
What is original Al jurisdiction vs appellate jurisdiction?
Original = hears a case when it’s first brought to court
Appellate = reviews cases for errors
True or false: appellate courts will rehear evidence. Explain.
False - they only review transcripts
What’s the difference between the English system and continental system of justice?
English - lawyers can both as questions
Continental - judge asks questions
What kind of attorney specialization is ideal for business?
Commercial or trade law
Term for: procedure for delivering summons
Service of process
Misdemeanor vs felony:
Misdemeanor : punishable by fine or jail less than 1 year
Felony : punishable by death or jail greater than 1 year
Term for: formal written accusation issued by grand jury charging a person
Indictment
Why does a grand jury indictment usually not include a preliminary hearing?
Constitutes a finding of probably cause
What are the plea options?
Guilty
Not guilty
Not guilty by reason of insanity
No contest
What is the moral/ethical burden veterinary professionals carry that human physicians don’t?
The moral obligation that humans have towards animals and how that weighs against the obligations towards humans when they conflict
What is the best way to avoid habitual blindness?
Dialogue
What are the requirements of the good Samaritan act?
Emergency care must be provided at the scene of the emergency and liability occurs only in gross negligence
For a long time, it was difficult for the state board of examiners to issues disciplinary action when the practice act was violated… why?
The only discipline they could use was suspension or revocation of a license which didn’t always fit the offense
why would a practice exercise its lien right but switch to coverage under the state’s abandoned animal law?
lien right doesn’t allow euthanasia if no home can be found
pertaining to animal cruelty laws, define “overdrive” vs “intentional cruelty”
overdrive - abuse or neglect without knowledge or intent
intentional cruelty - abuse or neglect with knowledge or intent
Term for: delivery of something of a personal nature, by one party to another to be held, according to the purpose or object of the delivery, and to be returned, or delivered over when the purpose is accomplished
Bailment
Term for: delivery of something of a personal nature, by one party to another to be held, according to the purpose or object of the delivery, and to be returned, or delivered over when the purpose is accomplished
Bailment
What are the two major obstacles that have prevented wide spread use of the peer review process?
Concern of committee members about personal liability
Confidentiality of committee findings from a court room
What source insures 65-80% of all practicing DVMs?
AVMA professional liability insurance trust
Where is the greatest share of liability and why?
Equine practice due to human injury
The law of malpractice is an extension of the law of ____
Negligence
Of all the types of legal actions in tort law, DVMs are most likely to incur some degree of professional liability from the law of ___
Negligence
Undercurrent law, a veterinarian’s greatest risk for liability involves…
An injury to a client
Term for: reasonably close causal connection existing between defendant’s conduct and resulting injury
Doctrine of proximate cause
What four things does the law of negligence require to exist?
Defendant had duty to prevent injury
Defendant violated duty
Doctrine of proximate cause
Proof of actual damage
What are the three types of damages that can be awarded in a negligence case? Define them.
Nominal - $1 award because insufficient proof that actual monetary damage occurred
Compensatory - legal system does best to restore plaintiff to position before wrong doing occurred
Special - mostly applied to loss of animal cases, paid fair market value
define: res ipsa loquitur
legal theory that the fact that an accident happened indicates negligence, “it speaks for itself”
Give an example of contributory negligence
When the plaintiff claims negligence on the DVM but is negligent themselves, such as not returning for a recheck exam in a timely manner or not given meds as prescribed
Define: the comparative negligence standard
If contributory negligence is deemed true, the portion of negligence is measured in percentages to divvy up the damages paid
Term for: doctrine that allows plaintiff to be barred from recovering if defendant is able to prove that they voluntarily encountered a known risk
Assumption of the risk
T/F: if a DVM who is a member of a board is practicing medicine at a board-sponsored event, and a client claimed liability, professional liability insurance will cover them
False, it does not cover the legal actions arising from a board members activities as a DVM
What kind of insurance covers injuries to clients that are not related to the practice of vet med?
Comprehensive general liability insurance
What kind of insurance covers a DVMs negligence if a client’s animal dies, is lost, or injured while in custody the vet?
Bailment coverage
What is the most common legal theory employed in counter suits?
Malicious prosecution
If the following elements are proven, what theory is true?
• termination of a malpractice action in the defendants favor
• lack of probably cause in a malpractice action
• malice in initiating the malpractice suit
• damages
Malicious prosecution
If the following are proven, what legal theory is true?
• patients made improper or unauthorized use of legal process
• malpractice plaintiffs had ulterior motives
• doctors have incurred damages resulting from abuse of the process
Abuse of process
Which is more likely, malicious prosecution or abuse of process, and why?
Abuse of process because no need to prove lack of probable cause
Define libel vs slander
Libel = written word that negatively affects someone’s reputation
Slander = verbal word that negatively affects someone’s reputation
What is the Sherman antitrust act?
No fixed pricing among businesses
Since it serves individual and societal interests in assuring informed and reliable decision making, commercial speech is entitled to ___ protection.
First amendment
What are the three objective elements of contract law?
Offer
Acceptance
Consideration
The ___ was created during the 1960s to make consumer transactions involving the sake of good labor consistent among states
Uniform Commercial Code
If the predominant effort is the sale of goods, the ___ applies
If predominant effort is the rendering of services then ___ applies
UCC
contract law
Define; express acceptance and express contract
When someone verbally says they accept an offer
Term for: contract written exclusively by one party and presented to the other party, under circumstances in which there is no realistic opportunity to negotiate
Adhesion contract
What’s an example of the preexisting duty rule?
Client owes $200 and hasn’t been paying
Doctor says they’ll accept $100 and call it good
Client technically still owes $100 and doctor could still sue
Term for: when a verbal agreement is made and one party take major action based on the agreement, then the other party backs out
Promissory estoppel
What are the three scenarios where a valid contract would come into question?
With a minor, mentally disabled, or intoxicated
Term for: when two parties have a written contract and a clause stating it’s the entirety of the agreement, any oral testimony to alter the agreement is not permitted
Parol evidence
Define: liquidated damages
Predetermined damages to be paid when there’s a breach of contract
Such as… dvm gets an employment bonus and must stay with the company for two years or pay back the bonus
Define: restitution
If one party gains from breaching contract, this requires them to give up their unfair gains
What scope of drugs do each of the following agencies regulate?
USDA
DEA
EPA
FDA
USDA - biologicals
DEA - controlled substances
EPA - rodent/insecticides, germicides
FDA - everything else
What code gives the FDA CVM the authority to govern the manufacture, distribution, and use of veterinary drugs?
FD&C Act
T/F: if the entire manufacture and selling of a drug happens in one state, it does not have to be FDA approved
True
How long is a drug patent good for?
17 years
What is legally required to be presented for an FDA inspection?
Notice of inspection
What law requires that prescription drugs and certain nonprescription drugs be dispensed in containers with safety caps?
Poison prevention packaging act
What law originally established control over veterinary biologicals?
Virus serum toxin act of 1913
What federal law regulates the manufacture, distribution dispensing and delivery of certain drugs or substances, they have the potential for abuse or physical, or psychological dependence, and have been classified as controlled substances?
Comprehensive drug abuse prevention and control act
What are the different classifications of controlled substances?
Schedule 1 = high abuse, no medical use
Schedule 2 = high abuse, medical use
Schedule 3 = medium abuse, medical use
Schedule 4 and 5 = low abuse, medical use
What form is used for surrendering controlled drugs?
Dea form 41
What form is used when ordering schedule 2 controlled substances?
Dea form 222
What form should be filled out if any controlled substances are stolen or lost?
Dea form 106
Direct vs hearsay evidence:
Direct: information witnessed
Hearsay: “through the grapevine”
Term for: statement by the plaintiffs counsel, comprising the plaintiffs grounds for the lawsuit, any demand for compensation
Pleadings
If a small animal practice does not maintain in accounts receivable equal to ___% of one months, gross income they will not expand as rapidly or dramatically as they could otherwise
25
Sales credit vs loan credit
Sales = consumer purchases goods from a seller who supplies the product and permits the consumer to pay for the future
Loan = consumer borrows money from a bank to pay for services
What is the most common reason for a default judgment?
Failure to appear
Term for: statutory procedure, they authorizes the taking of the legal custody of real estate in personal property, owned by defendants, and in their possession and Control, for the purpose of affording plaintiffs security for any judgments they may be awarded at trial
I.e. putting lien on a house
Attachments
Define: writ of execution
A court order to the Sheriff to see the property of a debtor, sell it at public auction and turn over the proceeds to the creditor
What is the three prong test in regards to computer generated information in a court case?
- Witness is knowledgeable in software
- Software entry was timely to event
- Software is recognized
T/F: veterinarians have the right to withhold incriminating information for the sake of confidentiality
False
What was the first international agreement the United States participated in in regards to wildlife law?
Protection if migratory birds
What was the first federal legislation concerning wildlife that Congress passed?
The Lacey act
What is the purpose of the Lacey act?
Conserve wildlife through regulation of trade
What law authorize the federal government to develop a list of species, threatened with worldwide extension, and to prohibit import of the species into United States?
Endangered species act
What law protects marine mammals from extinction?
Marine mammal protection act
